No one is listening please help

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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JonSnow
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Joined: 22 Apr 2017 22:06

#1 No one is listening please help

Post by JonSnow » 22 Apr 2017 22:47

Hi I'm kinda new to this and in need of help as I have no idea what to do, so a little break down:
Bus lane fine on 12/05/2016 - £98 owed to Manchester City Council, we didn't know this as the letters were sent to our previous address and found out when we got an enforcement notice for Equita. It says delivered by hand and on the top right hand it states what we owe:

Client Debt £98
Court fee £0
Compliance Fee £75
Enforcement Fee £235
Total Outstanding £408

The letter reads:
(big red writing as heading) ENFORCEMENT NOTICE

I have called today to execute a Warrant of Execution issued to us by our client Manchester City Council. I am authorised by the Court to remove your goods/vehicle to satisfy the outstanding balance of £408.

If you fail to contact me immediately by return I will have no alternative but to re-attend your property to remove your goods for sale.

To avoid any further action please contact me on (mobile number)

Name
Enforcement Agent

We got this on the 19/04/17

as soon as we I found out about this I called the phone number it rang for a while then to voicemail rang about another 3 times then left a message telling our reference number and postcode and the voicemail he said he would try to get back asap. no reply for 3 hours so we decide to call Equita themselves, as soon as we gave them the reference number the lady Immediately said she can not talk to us gave us the bailiffs number and hung up without even listening to anything. Now we got worried that the letter said we needed to contact the bailiff immediately so we called the council they told us that yes this was a bus lane fine from last year and the had passed it on to Equita and once we told them about the letter they said try your best to contact the bailiff if not send him an email. We finally got through to him around 1545-1600 ish, we gave him our reference number and he asked for our address we asked him if he could tell us when this fine had happened and he replied with he can not log in as the systems are down and to call tomorrow morning after 9am.

we called him everyday about 5-6 times and left messages no reply ever
called Equita saying that we can not speak to them and need to speak to him
Finally today morning 22/04/2017 I called at 10:04 am and he texted back saying "I'm driving."
my reply "sorry give me a text when we can call (plus postcode and reference number)
He doesn't call or text at all so we call again 3-4 times and again rings 4 times then to voicemail
then we text him again at 15:50 ish "Hi Sir we called again and have been constantly calling and leaving messages and are waiting to know how we can pay this fine (postcode and reference number) Again no reply, but I did get 3 missed calls round 530pmish from a mobile number that was not the one given tried calling that back and got no response then texted "sorry who is this, got 3 missed calls from this number"

I have to go back to Uni for Monday and will be away till the end of may as of exams and my parents are worried that the bailiff may come round again and add more fees or remove the goods/vehicle as stated in the letter

I really wanted to get this sorted before I leave as my parents have no idea what to do and they get very easily stressed out especially with my dad having a heart condition letters like this really freak him out. We have never had a letter like this and had we know about the fine we would have paid immediately.

I really need help as I have no idea what to do, do I just keep trying to call him or do we call the council again asking if we can pay directly to them instead of to Equita as they clearly have no interest but just want to harass people

side note (Fine is on my dad, I'm just helping out as they don't speak English to well)

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Schedule 12
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#2 Re: No one is listening please help

Post by Schedule 12 » 23 Apr 2017 11:22

This looks like a traffic debt and your father did not know had incurred a penalty.

His lack of English might a reason he did not respond to the Notice to Owner (NTO) and the subsequent documents.

Have a look at the documents. Get the PCN number. It starts with two letters followed by six numbers. Telephone the Traffic Enforcement Centrre (TEC) on 0300 123 1059 and press 6 to skip the robots. When a human answer the phone, give the PCN number, then when they ask for your name. Say you are calling on behalf of your father and that he does not speak English and you are speaking for him.

The TEC will email you the forms to make an appeal. If you have recently changed address then mention this on the appeal form. Also, say that your father does not speak English and it says the grounds have been translated to the appellant's native language and read aloud over him and that he appeared to fully understand its content. He can sign the document before emailing them back to the TEC. Include the following at the end of the witness statement.


  • This statement having first been read over to the appellant who understands the [NAME OF LANGUAGE] language but has an imperfect knowledge of and cannot read the English language, by me the undersigned [NAME OF TRANSLATOR] in English and having been truly interpreted to the said appellant to by me the undersigned [NAME OF TRANSLATOR] who understands both the English and [NAME OF LANGUAGE] languages both of whom the said witnesses understand both the English and [NAME OF LANGUAGE] languages which reading and interpretation were both done in our presence when he appeared thoroughly to understand and to approve the contents thereof was signed by the said [NAME OF PERSON INCURRING PCN] in our presence and then by us in his presence on [DATE]


Translator signs beneath, then appellant signed on the line.

Enforcement stops at 4pm the business day the forums are emailed back to the TEC. Paragraph 8.1 of Practice Direction 75 of the Civil Procedure Rules.
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JonSnow
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Joined: 22 Apr 2017 22:06

#3 Re: No one is listening please help

Post by JonSnow » 23 Apr 2017 14:19

We are not looking to make an appeal, my dad says that yes he might have gone in the bus lane but this was because as there we lots of works going on on the road, we are just looking to pay the fine before it escalates any further but no ones listening the council says we need to contact Equita, Equita says we need to contact the bailiff and the bailiff just never answers the phone. Equita do have a pay online thing on their website but my mom says that we want a receipt or a letter by Equita say we have paid or at least a reference number, so what do we do just keep trying to contact the bailiff?

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Schedule 12
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#4 Re: No one is listening please help

Post by Schedule 12 » 23 Apr 2017 14:34

If you pay Equita on their website, it will go straight in their pocket.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

JonSnow
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Joined: 22 Apr 2017 22:06

#5 Re: No one is listening please help

Post by JonSnow » 23 Apr 2017 16:09

Ok so try getting in contact with the bailiff and paying him? Could we call the centre and pay them?

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Schedule 12
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#6 Re: No one is listening please help

Post by Schedule 12 » 23 Apr 2017 18:20

If you give money to a bailiff, it goes in his pocket. Proceed with utmost caution.

Run this checklist and see what you can do to stop enforcement. http://beatthebailiffs.org/stop-parking ... ifffs.html
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Author: dealingwithbailiffs.co.uk

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